Breaking a Lease

I have a tenant that is wanting to break their lease early because of a job promotion. They have 8 months left. Their company MIGHT offer to pay for some of the remaining lease. In our lease it says they are required to pay the rent for the duration of the lease, including utilities and could possibly forfeit their deposit. My questions about this: 1.) If we are able to find new tenants without missing a month, do I still charge them (or their company if they offer a settlement) for the remaining rent left on their lease. 2.) Do the tenants automatically forfeit their deposit because of breaking the lease early? If there is no time between tenants, then should I give them their full (or partial) deposit. 3.) If we do not find tenants, can I force them to pay (or hold them accountable) for utilities on the property on top of their rent? In the lease, it says they must pay utilities and maintenance on the property for the duration of the lease. Can I charge them for these too? Thank you for any advice on this!

Dusil
Posted on 06/06/2014 11:21 AM

Hi, interesting question. Ther...

Hi, interesting question. There really is not a problem with limiting what people can do in your property in the lease, so if this seems to be a huge problem I would definitely try that, and you might also put reminders in your rent invoices, newletters, or other things that you send to the tenants. The wording should be almost identical to the non-smoking portion of your lease. Fires are prohibited anywhere in the property and you are subject to fines or eviction ... I would also be sure that your fire extinguishers and other fire equipment is tested regularly and that everyone knows where it is and how to use it. I would probably stop short of getting insurance involved or try to scare the tenants with insurance threats that might not be true.

richardbroerPosted on 06/06/2014 11:21 AM

It appears that you are in Can...

It appears that you are in Canada. You should get an attorneys advise as to your local eviction procedures. One solution that works around the world, is to offer the tenant cash to get out. Have them sign a paper saying they are willingly abandoning the property for cash. I have given anywhere from $50 to $500. When you add up the eviction costs and the lost rent, it is better to give them cash and get rid of them. Explain to them that they have to get out now and stay there until they are gone so they dont damage the unit. Dont give them the money until they are out.

jonkinyPosted on 06/06/2014 11:21 AM

Hi, thanks for posting, this i...

Hi, thanks for posting, this is a very interesting story. Unfortunately, this is a situation where relying on the official chanels and the court authorities seems like the best option. As bad as the problems this tenant is causing are, it is in your best interest to make sure that the laws are followed to the letter to be sure that when you are able to get this person out it is done properly and he/she has no legal recourse or way to fight back against the eviction. I am not sure what jurisdiction you are in but there may be a way to file additional paperwork for a forced eviction if the safety of the other tenants is considered to be in question. Some jusrisdictions will allow for expedited removal for safety concerns or for illegal behavior. You can also hire a third party to serve the court papers. These consultants are schooled in ways of finding people and serving them that are more intricate than simply knocking on the door and in this case an expense in this area might be worth it to be sure that the tenant is properly served. Please post again with any other information and we are happy to help in any way we can. Thanks.